SHETHNA,J. - (1.) THE petitioner is a lady who became widow at a young age immediately after her marriage on the death of her husband Shri Virendra Prad -han, who died in an accident on 6.9.92. Deceased Virendra Pradhan was serving in Army and at the lime of his death in 1992 his monthly salary was Rs. 2063/ -. On the death of the husband, the petitioner filed claim petition no. 33/93 before the MotorAccident Claims Tribunal (for short the 'Tribunal'), Suratgarh through her advocate Shri Brij Lal Mishra claiming in all Rs. 6, 84,852/ -. However, the said claim petition was transferred from Suratgarh to Sriganganagar by the order of this Court without any notice to the petitioner as stated in para no. 2 of the petition.
(2.) IT is the case of the petitioner that she did not engage any other advocate except Shri Brij Lal Mishra, yet Shri Shyam Sunder Chugh, Advocate used to appear on her behalf before the learned Tribunal at Sriganganagar, and filed a compromise pursish (Annex.I) before the learned Tribunal for a sum of Rs. 1 lac only without consent or any authority from the petitioner. On the basis of that compromise pursish, the learned Tribunal passed the award of Rs. 1 lac in favour of the petitioner on 11.3.1997 (Annex.2). It is the case of the petitioner that she did not receive any information from her advocate Shri Brijlal Mishra for a long time, therefore, she came to Sriganganagar on 4.8.97 and on enquiry she came to know that her claim petition was also disposed of by compromise way back on 11.3.1997 on the application signed and submitted by one advocate Shri Shyam Sunder Chugh on her behalf. Thereupon, she applied for certified copy and on receiving the same she filed an application u/S. 151 C.P.C. before the learned Tribunal for selling aside the impugned ex -parte award of Rs. 1 lac passed by the learned Tribunal on 11.3.1997. Copy of the said application was not annexed alongwith this petition, but the same is now produced by Shri Singhal on record. I would like to reproduce the relevant portion in para no. 3 of the said application, which is as under: - .........[vernacular ommited text]...........
(3.) THE said application was seriously objected by the learned counsel for the respondent United India Insurance Company before the learned Tribunal on the ground that once the matter was compromised between the parties before the Lok Adalat, then such an application for setting aside the award cannot be entertained, therefore, it should be dismissed.;